MOHAMMED ALATAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I have heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondent-state.

(2.) The factual matrix of the case is that the complainant filed the complaint on 04.03.2017 made an allegation that she lives along with 3 female children and 1 male child by name Babi Hajira who studies in 7th standard at the time of the alleged incident. That this petitioner took the victim to Murdeshwar in his friends car to lodge and committed intercourse with said victim and dropped her next day morning to Bhatkal. Thereafter, the complainant has approached her relatives on 04.03.2017 and asked suggestions with regard to alleged stomach ache pain taken the victim to Hospital. Based on the complaint the police have registered the case against this petitioner in Crime No.36/2017 for the offence punishable under Sec. 363, 342, 366(A), 376, 366(A), and 506 of Penal Code and Sec. 4, 6 and 8 of Protection of Children From Sexual Offences Act, 2012.

(3.) The victim was also subjected to medical examination on 04.03.2017, wherein the samples were collected by Forensic Laboratory and that no stains as such were detected on body. The case has been registered and numbered as Special Case No.34/2017. The petitioner is in custody and application is filed before the District and Sessions Judge and the same is rejected. Hence, the petitioner has approached this Court seeking regular bail.